End User / Customer Terms and Conditions

RKd Solutions Reservation System

(FACILITY) Terms and Conditions

THE WEBSITE, SOFTWARE, RELATED PLATFORMS, PRODUCTS, AND SERVICES AVAILABLE ON OR FROM OUR PAGE (COLLECTIVELY THE “SERVICES” or “RKd Solutions SYSTEM”) ARE OWNED AND OPERATED BY RKd Solutions LLC (“RKd Solutions” TOGETHER WITH ITS AFFILIATES, SUCCESSORS, AND ASSIGNS HEREINAFTER REFERRED TO AS “OUR”, “WE,” OR “US”).

BY ACCESSING AND USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”). THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT. IF YOU USE THE SERVICES ACTING, AS THE AGENT FOR A COMPANY, OR ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH COMPANY OR ENTITY AND YOU GUARANTEE COMPLIANCE BY SUCH COMPANY OR ENTITY WITH THESE TERMS AND CONDITIONS.

WE RESERVE THE SOLE RIGHT AT ANY TIME TO MODIFY, DISCONTINUE, OR TERMINATE ANY SERVICE, OR CHANGE, ADD, OR DELETE PORTIONS OF THESE TERMS AND CONDITIONS WITHOUT NOTICE. WE WILL POST CHANGES TO THESE TERMS AND CONDITIONS, IF ANY. IT IS YOUR RESPONSIBILITY TO CHECK PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS. WE MAY TERMINATE SERVICES AT ANY TIME IN OUR SOLE DISCRETION IF YOU VIOLATE THE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.

  1. REGISTRATION. You represent that all information you provide during the registration process and at any time thereafter (“Registration Information”) will be true, accurate, complete, and current and that you will promptly update your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. We may use all Registration Information, subject to our compliance with our Privacy Policy. The Terms and Conditions incorporate the terms and conditions set forth in the RKd Solutions Privacy Policy. By accessing the Services, you are consenting to have your, and your business’ personal data used by us as set forth in the Privacy Policy. You alone are responsible for maintaining the security of your Registration Information and for all uses of the Services in the name of your account. You are responsible for maintaining access to the email address associated with your account. We are unable to restore access to your account if you lose access to the email address associated with the account.
  2. AGE RESTRICTIONS. You hereby represent and warrant that you are 18 years of age or older. The Services are not intended for, or offered to, users under the age of 18 except with the specific written consent of a parent or guardian.
  3. USE OF SITE CONTENT. All content that is not User Content (as defined in Section 4 below) (the “Service Content”), is the proprietary property of us or our licensors. Subject to the terms of the Terms and Conditions, no Service Content or User Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of us or the owner of such content. Except as otherwise set forth in these Terms and Conditions, any unauthorized use of the Service Content or User Content is strictly prohibited. All trademarks, logos, trade dress and service marks, trademarks or registered trademarks of us or our licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of us or the owner of such content. The RKd Solutions System is exclusively for reservations and sale of point of sale, retail-based merchandise and may not be used for the sale of food, beverage or other goods and materials.
  4. PUBLISHING OF YOUR CONTENT AND OUR USE OF CONTENT PROVIDED BY YOU. You hereby acknowledge and agree that you are solely responsible for all materials that you approve for publishing, display, and distribution by us in connection with the Services, or that you post, publish or distribute in connection with the Services, including without limitation, advertisements (including all information, trademarks, and photographs contained in such advertisements), information, data, text, software, links, photographs, pictures, graphics, video, messages, files and any other materials (“User Content”). You represent, warrant and agree that no User Content that you approve for publishing, display, and distribution by us, or submitted by you or through your account, will:
    • violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights;
    • contain libelous or defamatory material; or
    • violate or encourage violation of any applicable laws, regulations, rules, professional codes, codes of ethics, administrative laws, codes of conduct or standards (including, without limitation, rules, standards or codes of conduct for non-governmental or quasi-governmental associations), e.g., federal, state, or local laws, regulations, rules, professional codes, codes of ethics, administrative laws, standards or codes of conduct applicable to realtors, real estate advertising, data protection, privacy and email communications (collectively, “Applicable Laws”).

You represent and warrant that you have all legal rights necessary to publish and distribute (or necessary to have us publish and distribute) any User Content or that you own such User Content. You represent and warrant you will comply with all applicable laws, rules, and regulations. You hereby acknowledge and agree that we shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of your User Content for any reason and at our sole discretion. You hereby acknowledge and agree that we may, at our sole discretion, disclose your User Content in order to: (i) comply with law enforcement, court orders, or the legal process; (ii) protect the rights and safety of individuals; and/or (iii) settle disputes over intellectual property ownership.

When using the Services your data is hashed into anonymous strings (the “Hashed Data”) and passed to us for whatever our desired purpose. In the process of using this feature, you agree to the following:

  • Hashed Data is a subset of User Content and subject to all the restrictions and obligations related to User Content. In addition, you represent and warrant that you have provided appropriate notice to and secured any necessary consent from the data subjects whose data will be hashed to create the Hashed Data, including as needed to be in compliance with all Applicable Laws. If you have not collected the data directly from the data subject, you confirm, without limiting anything in these terms, that you have all necessary rights and permissions to use the data provided to us.
  • You confirm that the Hashed Data does not relate to or include data about any data subject who has exercised an option that you have, directly or indirectly, committed to honoring or provided, to opt out of having that data used by you or on your behalf. To the extent a data subject exercises such an opt-out after you have used data relating to that data subject to create a custom audience, you agree to remove that data subject from the custom audience.
  • If you are providing any data on behalf of a third party, you also represent and warrant that you have the authority as agent to such party to use such data on their behalf and bind such party to these terms.
  1. LINKS TO OTHER WEB SITES. The Services may contain links to web sites. We are not responsible for the content, accuracy or opinions expressed on such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Services does not imply approval or endorsement of the linked web site by us. If you decide to access these third-party sites, you do so at your own risk.
  2. SERVICE FEES. We do not charge you, as a facility, any fee for use of the RKd Solutions System. You understand and agree that We charge the end user, or customer, a fee at the time of Reservation (the “Reservation Fee”).  The Reservation Fee may change from time to time in Our sole and unlimited discretion. We do not collect your fee for the use of your facility by the end user or customer of your facility (‘Your Fee”). You may change Your Fee from time to time in your sole and unlimited discretion.

The end user or customer utilizes the RKd Solutions System to pay all Reservation Fees and Your Fee by the non-cash payment method (e.g., credit card, PayPal account, debit card, etc.) end user or customer selects during reservation/while providing Registration Information. The non-cash Reservation Fee is paid directly to RKd Solutions LLC at the time end user makes the reservation, and is never collected by or charged to You. Your Fee is paid directly to You at the time end user makes the reservation, and Your Fee is never collected by or charged to Us. In the event end user or customer pays in cash, the Reservation Fee is still assessed, but the end user or customer of your facility pays Your Fee and Reservation Fee directly to you.

We collect no sales and or use tax on the Reservation Fee. If any tax is to be paid to state or local governments related to Your Fee, it is your responsibility to collect, report and make such tax payments in compliance with all applicable laws. You are responsible for collecting and remitting all sales, use, excise and other taxes associated with the use of your facility and services by the end user or customer.

REFUND POLICY.  We do not offer refunds to the end user for the Services once they have utilized them.

  1. NON-CASH COVENANT:
    • You represent and warrant that your business’s primary form of customer payment is not cash.
    • You Represent and warrant that your business will accept all forms of electronic payment, including but not limited to credit card, PayPal account, and debit card.
  2. SOFTWARE MAINTAINANCE. We reserve the right to at any time, without notice, shutdown use of software for any software updates or maintenance we deem required in our sole discretion.
  3. TERMINATION.
    • You may terminate your use of Services any time. You may terminate these Terms and Conditions with respect to any Service effecting a termination from your account.
    • We may cancel your user registration and terminate your use of Services at any time with or without cause, in our sole discretion, and with or without notice.
    • We may delete any of your User Content, information, or other data from the Services at any time, and we have no obligation to maintain copies of any deleted information.
    • Any provisions of these Terms and Conditions that by their nature should continue after termination of your use the Services will continue to apply even after the expiration or termination of these Terms and Conditions or your use of the Services.
  4. LIMITATION OF LIABLILITY. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED THROUGH THE SERVICE, OR ACCESSED THROUGH ANY LINKS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES; AND (B) TEN DOLLARS ($10). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  5. INDEMNITY. You agree to indemnify and hold us and our directors, officers, agents, contractors, affiliates, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:
    • your breach of any representations or warranties made by you hereunder or your breach of the Terms and Conditions;
    • your use of the Services in violation of the Terms and Conditions; or
    • your violation of any law or the rights of a third party.
      • You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against us for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Site or the Services.
  6. DISCLAIMER OF WARRANTIES. We are not responsible for any incorrect or inaccurate content published on or in connection with the Services, including User Content published by users (or published by us on behalf of users) of the Services. We are not responsible for the conduct, whether online or offline, of any user of the Services. The Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person’s computer related to or resulting from participating or downloading materials in connection with the Services. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Services (whether or not Site Content, User Content, or other content). THE SERVICES AND ALL CONTENT ARE PROVIDED “AS-IS” AND WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
  7. GOVERNING LAW. The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Ohio, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, the Terms and Conditions shall be finally settled by binding arbitration in Columbus, Ohio, in accordance the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of Ohio, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to the Terms and Conditions shall be brought and heard either in the Ohio state courts located in Franklin County, Ohio, or the federal district court for the Southern District of Ohio, Eastern division. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.
  8. MISCELLANEOUS. The Terms and Conditions set forth the entire agreement between you and us pertaining to your use of the Services. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Our delay or failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions do not, and shall not be deemed to, constitute a partnership or joint venture between you and us, and neither you nor we, nor your or our respective directors, officers, employees, or agents shall, by virtue of the performance of the obligations under these Terms and Conditions, be deemed to be an agent or employee of the other, and neither you nor we has the authority to bind the other under any contract, agreement, or otherwise.

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